HomeMy WebLinkAboutRES CC 2014 3260 2014 0115 RESOLUTION NO. 2014-3260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, TO REJECT INITIATION OF ANY
PROCEEDINGS TO AMEND THE COVENANT BETWEEN THE
CITY OF MOORPARK AND A-B PROPERTIES AS ADOPTED
BY ORDINANCE NO. 416 THAT COULD LEAD TO THE
ALLOWANCE OF A NATURAL GAS-FIRED POWER PLANT ON
THE PROPERTY SUBJECT TO THE COVENANT
WHEREAS, on January 16, 2013, the Moorpark City Council adopted Ordinance
No. 416 (effective February 15, 2013), approving a Development Agreement between
the City of Moorpark and A-B Properties regarding approximately 34.53 acres
approximately 1,300 feet west of Gabbert Road and north of the Union Pacific Railroad
right-of-way (Property); and
WHEREAS, Section 6.18 of the Development Agreement required the execution
and recordation of a Covenant (Appendix B of the Development Agreement) to limit the
use of the Property; and
WHEREAS, the developable portion of the Property is located within the Limited
Industrial (M-2) Zone, with an area set aside as a conservation easement located in the
Agricultural Exclusive (A-E) Zone; and
WHEREAS, the Covenant recorded on November 22, 2013 by Instrument No.
20131122-00190595-0 limits the use of the Property to those uses permitted in the M-2
Zone, with certain specific listed uses prohibited on the Property; and
WHEREAS, a natural gas-fired power plant is not a permitted use in the M-2
Zone and therefore is not permitted on the Property; and
WHEREAS, the City has been approached by Diamond Generating Corporation
and later by Competitive Power Ventures on a proposal to construct a natural gas-fired
power plant on the Property; and
WHEREAS, allowance of a natural gas-fired power plant on the Property would
require an amendment to the Covenant; and
WHEREAS, after holding a November 20, 2013 public workshop on the proposed
natural gas-fired power plant on the Property, the City Council took a position in
opposition to the proposal based on its concerns about the negative effects of siting a
natural gas-fired power plant on the Property;
WHEREAS, a large natural-gas fired power plant would be inconsistent with the
uses presently permitted within the M-2 Zone and the purposes of the M-2 Zone; and
Resolution No. 2014-3260
Page 2
WHEREAS, natural-gas fired energy production could threaten neighboring
communities with certain harmful effects associated with the burning of fossil fuels.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. REJECTION OF INITIATION OF PROCEEDINGS: Based upon
the information in the recitals of this Resolution and information presented to the City
Council, the City Council hereby rejects initiation of any proceedings to amend the
Covenant between the City of Moorpark and A-B Properties as adopted by Ordinance
No. 416 that could lead to the allowance of a natural gas-fired power plant on the
property subject to the Covenant.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 15th day of January, 2014.
Jan' e S. Parvin, ayor
ATTEST:
Maureen Benson, City Clerk �,e `' .y
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Resolution No. 2014-3260
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2014-3260 was adopted
by the City Council of the City of Moorpark at a regular meeting held on the 15th day of
January, 2014, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 17th day of January,
2014.
Maureen Benson, City Clerk
(seal)._
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